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Injured by an IVC Filter in Nevada? How to file a lawsuit

Nevada patients harmed by IVC filter devices may be able to sue the device's manufacturer for negligence and join the thousands of other victims across the country in multi-district litigation. These devices are supposed to prevent blood clots, but malfunctioning ones can lead to horrific injuries including punctured organs, embolisms, strokes, and possibly death.

Nevada plaintiffs in medical device lawsuits may be able to recover sizeable compensatory damages for:

Patients harmed by IVC filters in Nevada may be able to recover substantial compensatory damages including pain and suffering.

1. What can I do if I got injured by an IVC filter in Las Vegas, Nevada?

Patients who suffered from internal bleeding or punctured organs following an IVC filter insertion may be able to sue the device's manufacturer (the defendant) for negligence. Plaintiffs in Nevada negligence lawsuits have to show four things in order to win:

The defendant(s) owed the plaintiff a duty of care;

The defendant(s) breached this duty;

This breach caused the plaintiff's injury; and

This injury resulted in damages.1

A negligence lawsuit against the IVC filter's manufacturer would allege that:

The manufacturer was negligent by designing a faulty, poor device because it causes a disproportionately high number of failures and has no medical benefit in many cases.

The manufacturer failed to warn physicians or patients about the elevated risks of the device breaking, which in turn causes its metal pieces to travel through the bloodstream and possibly harm organs.

The manufacturer concealed its research and withheld information which showed that the device had problems.

blood clots at the site where the device was originally implanted (insertion site),

IVC occlusion,

ventricle tachycardia, and

device embolization

When pieces of the device travel to and lodge in the lungs or the heart, patients may experience a host of serious medical events such as internal bleeding, hemorrhaging, pulmonary embolism, stroke, or even death. Typical symptoms of these injuries include confusion, lightheadedness, nausea, shortness of breath, swollen legs, chronic pain in the neck or chest area, chronic pain, hypotension, and irregular heartbeats.

In some cases, patients have to live the rest of their lives with filter pieces inside of them because it is too dangerous to try to extract them. Note that complications can also arise during the surgeries to implant or extract the device. These operations could result in:

an adverse kidney reaction to the contrast agent,

a heartbeat that is abnormal or irregular,

air embolization,

pneumothorax (a collapsed lung), and/or

hemothorax, which is when blood pools between the chest wall and lung.3

An April 2013 study featured in the Journal of the American Medical Association (JAMA) examined 952 patients with IVC filters, 680 (approx.) of which had retrievable (removable) filters. Doctors were able to take out only 58 of them. Some patients' filters became embedded or punctured a blood vessel, among other injuries.

2. What money can I get?

People injured by IVC filters may be able to recover compensatory damages for:

All doctor- and hospital-related bills,

Pain and suffering,

Lost wages,

Loss of future earnings, and/or

Punitive damages (if applicable)

If the victim died, his/her family may be able to bring a wrongful death claim to recover money for medical expenses, loss of contributions, funeral expenses, and pain and suffering.

3. Whom can I sue?

Victims may be able to sue the IVC filter's manufacturer. The common ones are listed below:

4. How do I prove an IVC filter claim in Las Vegas, Nevada?

Plaintiffs in negligence lawsuits in Nevada have to prove that it is more likely than not that the defendant was negligent. This standard of proof is called, "by the preponderance of the evidence." Therefore, evidence that typically figures into medical device lawsuits include:

The plaintiff's medical history and records

Expert medical testimony drawing a causal connection between the medical device and the victim's injuries

Marketing materials and labels that show the defendant omitted key information warning physicians and patients of possible hazards

5. When can I sue?

Victims have a two (2) year window following their injury to bring a negligence lawsuit. However, anyone harmed by IVC filters in Nevada should still seek out legal counsel from a Las Vegas personal injury attorney; it may still be possible to join an existing lawsuit (see the next question).4

6. Should I file my lawsuit in Nevada or join a federal class action?

Most medical device lawsuits get consolidated as a "multi-district litigation" (MDL). MDLs are not the same as class actions; instead, an MDL is a streamlined method of determining preliminary matters for several lawsuits with similar facts and injuries. After those preliminary matters are decided, the lawsuits get transferred back to their original courts, and each case may be resolved individually. It is not unusual for mass tort lawsuits to get resolved during the MDL stage.

Note that the distinct facts of a plaintiff's case determine the best course of action for litigating it. A Nevada personal injury attorney's job is to walk the plaintiff through all the options and provide all the information necessary for the plaintiff to make the best decision for moving forward.

7. What are IVC filters used for?

The purpose is to catch blockages while still in the bloodstream so they do not enter the brain, heart, kidney or lungs. Patients with an elevated risk of experiencing pulmonary embolism but who cannot take anticoagulants (blood thinners) may have the filter implanted into their inferior vena cava (IVC). Some of these filters are permanent, while others are temporary ("optional" or "retrievable").6

First used in 1979, IVC filters are basket-shaped, cage-like, spidery contraptions with numerous wire legs. Surgeons insert the device into the patient's inferior vena cava through a small hole in the patient's neck or groin. (The vena cava is a big vein that extends from the lower body to the heart and lungs.) Most of these devices are typically meant to be removed as soon as the blood clot risk passes. The longer they stay in the body, usually the more difficult they are to retrieve.

Some medical facilities that perform or have performed IVC filter procedures in Las Vegas include:

8. Have IVC filters been recalled?

Some. Bard implemented a Class 2 Device Recall for the Denali filter in 2015. These devices did not have critical label information regarding patients with serious sepsis and nickel-titanium alloy sensitivity. A Cordis filter was recalled in 2013 to correct a labeling error. And the Greenfield Vena Cava Filter was temporarily recalled in 2005.

In 2010, the FDA issued a warning about how long-term risks of IVC filters include “lower limb deep vein thrombosis [DVT], filter fracture, filter migration, filter embolization, and IVC perforation.” Then the FDA filed another warning in 2014. Therefore, the FDA recommended that doctors remove the devices right after pulmonary embolism ceases to be a risk, typically 29 to 54 days after implantation.7

Disturbingly, C.R. Bard's filter was approved for sale through the FDA 501k fast-track process; so there was none of the requisite clinical testing that other new devices are subject to. Although reports of IVC filter injuries surfaced in 2004, the public remained unaware until 2010. There is also evidence that C.R. Bard may have forged the signature of regulatory analyst Kay Fuller on its application for FDA clearance.

10. Related medical device litigation in Nevada

Thousands of patients suffer the consequences from medical devices that are either defective or do not work well with their bodies. For information on how to file lawsuits for other medical device failures, visit our informational articles:

Call a Nevada personal injury attorney...

Has your body been harmed from a medical device? Our Las Vegas personal injury attorneys can sue for financial damages to cover all your expenses. Give us a call at 702-DEFENSE (702-333-3673) for a FREE consultation. We work on a contingency fee basis, so we do not get paid unless you get paid.

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